Half-proof ''(semiplena probatio)'' was a concept of

medieval Roman law Medieval Roman law is the continuation and development of ancient Roman law that developed in the European Late Middle Ages. Based on the ancient text of Roman law, ''Corpus iuris civilis'', it added many new concepts, and formed the basis of the la ...

, describing a level of

evidence Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidenc ...

between mere suspicion and the full

proof Proof most often refers to: * Proof (truth), argument or sufficient evidence for the truth of a proposition * Alcohol proof, a measure of an alcoholic drink's strength Proof may also refer to: Mathematics and formal logic * Formal proof, a c ...

(''plena probatio'') needed to convict someone of a crime. The concept was introduced by the

Glossator The scholars of the 11th- and 12th-century legal schools in Italy, France and Germany are identified as glossators in a specific sense. They studied Roman law based on the '' Digesta'', the ''Codex'' of Justinian, the ''Authenticum'' (an abridged ...

s of the 1190s such as Azo, who gives such examples as a single witness or private documents. In cases where there was half-proof against a defendant, he might be allowed to take an oath as to his innocence, or he might be sent for

torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts ...

to extract further evidence that could complete the burden of proof.

Sir Matthew Hale Sir Matthew Hale (1 November 1609 – 25 December 1676) was an influential English barrister, judge and jurist most noted for his treatise '' Historia Placitorum Coronæ'', or ''The History of the Pleas of the Crown''. Born to a barrister an ...

, the leading late 17th-century English jurist, wrote: "The evidence at Law which taken singly or apart makes but an imperfect proof, ''semiplena probatio'', yet in conjunction with others grows to a full proof, like Silurus his twigs, that were easily broken apart, but in conjunction or union were not to be broken." However, the concept never became firmly established in

English law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, b ...

Voltaire François-Marie Arouet (; 21 November 169430 May 1778) was a French Enlightenment writer, historian, and philosopher. Known by his '' nom de plume'' M. de Voltaire (; also ; ), he was famous for his wit, and his criticism of Christianity—e ...

claimed that the

Parliament of Toulouse The Parliament of Toulouse (french: Parlement de Toulouse) was one of the '' parlements'' of the Kingdom of France, established in the city of Toulouse. It was modelled on the Parliament of Paris. It was first created in 1420, but definitely est ...

dealt not only in half-proofs but in quarter-proofs and eighth-proofs, but there is no direct evidence of that. In later times, half-proof was mentioned in 19th century

Scots law Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland ...

J. Erskine, ''An Institute of the Law of Scotland'', ed. J. Ivory, Edinburgh, 1828, II: pp. 965, 972. and in the 1917 Catholic Code of Canon Law.

References

External links

Law Dictionary entry, Half proof
Criminal law Evidence law Medieval law {{law-term-stub